Compensation quantum in motor accident claims is upheld where factual assessments by the tribunal are deemed reasonable.

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1085 of 2017 on the file of the Motor Accidents Claims Tribunal, Ernakulam, claiming enhancement of compensation. The respondent herein is the 2^nd respondent before the tribunal.

2. According to the claimant, on 18.12.2016, while the claimant was riding a scooter bearing Reg.No.KL-07 BW 7803 through Thevara-Kundannoor road, an omni van bearing Reg.No.KL-39 8422 driven by the 1^st respondent in a rash and negligent manner hit against the scooter and thus the claimant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹61,59,000/- which was limited to ₹50,00,000/-.

3. The first respondent/owner-cum-driver of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the rider of the scooter/claimant. It is further contended that he was having a valid driving licence and the vehicle was insured with the 2^nd respondent. The second respondent/insurer filed a written statement, admitting the policy, but denying negligence and disputing the quantum of compensation claimed. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹9,98,800/- with interest at 9% per annum as compensation under various heads against the respondent insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.

4. Heard the learned counsel for the appellant and the learned standing counsel for the respondent insurer. 5. On a perusal of the award it is seen that the tribunal has awarded reasonable compensation under various heads. The income of the injured, who was an AC mechanic, has also been fixed at ₹15,000/-, for an accident in the year 2016. Under each head, it is seen that the tribunal has awarded sufficiently reasonable compensation. Therefore, I do not find any reason to interfere with the award passed.

Accordingly, the appeal is dismissed.